514 - Ethics Flashcards

1
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SAD Persons

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Who: discussed in ethics and professional issues in counseling

What: psychological assessment tool used to assess suicidality and the main factors associated with suicidal behavior. S- Sex, A- Age, D- depression, P- previous attempt, E- ethanol, R- rational thinking loss, S-social support lacking, O- organized plan, N- no partner, S- Sickness

When: Used when assessing Suicidality

Why: A good model to base judgement on along with clinical judgement.

Example: A client comes into therapy expressing symptoms of depression. The client is an older male who had been diagnosed with a chronic illness. His wife had passed the previous year, and he had no other friends or family. He had started drinking heavily after her death. He reports a past suicide attempt. For these reasons, the therapist begins a suicide intervention.

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2
Q

assent vs consent to treatment

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Who: discussed in ethics and professional issues in counseling

What: Assent is someone giving agreement or consent to treatment for someone who is unable to do so because of age or mental capacity. Consent may only be given by individuals who have reached legal age of consent (in the U.S., typically 18).

When: Consent and assent are permission granted by an individual for medical or psychological treatment, participation in research or both.

Why: Ensures that patients are informed on what is going on during treatment and are able to consent to it.

Example: A therapist begins working with a 14-year old client. The client’s mother brought them to therapy and gave consent to the overall therapy, however the therapist asks that the client assent to the therapy or agree to enter the therapeutic relationship.

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3
Q

bartering of clinical services

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Who: Discussed in ethics and professional issues in counseling

What: the exchange of goods (chicken, veggies, eggs, etc.) or of services (car repair, house cleaning, painting, etc.) for psychotherapy services. If a counselor decides to barter, they should draw up a contract detailing the terms of the agreement in advance. It should be clearly written and agreed upon between the therapist and client.

Why: This is important because it is a type of boundary crossing. Clinicians can only barter if it does not result in exploitation or harm, if the client requests it or if such arrangements is an accepted practice among the community.

Example: A client was unable to financially pay for his services as his insurance had lapsed. He was skilled in lawn care and an agreement was drawn up between the client and the therapist in which he would provide landscaping services in exchange for her therapeutic services.

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4
Q

basic purpose of ethical practice

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Who: Discussed in ethics and professional issues in counseling

What: Primary purpose of ethical practice is to safeguard client’s well-being. Also to safeguard the public. The guiding principles of ethical practice: autonomy, beneficence, nonmaleficence (to not inflict harm intentionally), & justice can assist clinicians in this endeavor. (A,B,N,J). It is important to keep this guideline in mind as we navigate through each client’s situation for example, when to break confidentiality.

Why: It is important to keep this guideline in mind as we navigate through each client’s situation for example, when to break confidentiality.

Example: A therapist has a heavy, stressful, caseload and they receive a client with severe depression and a suicide risk. They refer the client to another therapist with the understanding that doing so is best for their own mental health as well as best for the client and the other clients in their caseload.

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5
Q

confidentiality

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Who: part of the ethical guidelines for psychologists

What: confidentiality means that the information between a patient/client and a therapist cannot be shared with anyone. There are a few exceptions to confidentiality, and these exceptions must be explained to the client prior to beginning treatment. Exceptions are: to protect the person from self-harm or inflicting harm on another person, mandated reporter-have the duty to report abuse or neglect of a minor, elder, or intellectually disabled person, may have to release records if court ordered or subpoena sent by a judge.

Why: It is important to know when and when not to break confidentiality as it can damage the therapeutic alliance if not done correctly. It is also important to mention this during the informed consent process to be as transparent as possible.

Example: You are treating a minor and they report to you that their father sexually abuses them. As a counselor you are obligated by law to report this abuse to the authorities. This situation would be an exception to confidentiality.

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6
Q

confidentiality in group or marital counseling

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Who: part of ethics, law, and clinical practice

What: confidentiality in group or marital counseling is fundamentally different than the individual counseling setting. The therapist must still maintain confidentiality outside of this group, but there are no guarantees other members of the group/marriage will keep information about the other parties confidential. Additionally, in marital counseling the therapist should make it clear that there can be no secrets.

Why: This is important because keeping secrets can harm the therapeutic alliance.

Example: A couple comes in for marital counseling and are made aware that in marital counseling there can be no secrets. After this is made clear, the husband tells the therapist separately that he still has an ongoing affair that he does not intend to stop. The therapist would have to disclose this to his wife due to the no secrets rule and the effect this information would have on future sessions.

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7
Q

counseling competency

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Who: Discussed in ethics and professional issues in counseling

What: Ability to perform according to the standards of the profession involving knowledge, technical skills, and emotional competence. Practicing within the scope of your education, skills, training and experience. Staying up to date with practices by continuing education credits

Why: This is important because counselors must uphold these standards in order to provide the best service and do no harm to the clients. If personal problems arise that may affect a counselors’ competency, they should cease counseling activities and seek adequate measures for these issues.

Example: Fred is a CBT therapist and a client comes in with BPD. He decides to refer her out as he is not certified in DBT and equipped to treat out of his scope.

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8
Q

direct liability

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Who: Discussed in ethics and professional issues in counseling

What: a term used to describe where the burden of responsibility lies within a therapeutic relationship. The therapist is directly responsible for their actions, and liability falls under their license. If the therapist is under supervision, the supervisor will be found liable if it was found that their actions were the cause of harm

Why: Holds accountability for license holders. As license holder, if something happens it is also on the supervisor.

Example: A therapist is acting as a supervisor for a trainee and the therapist advises the supervisee to terminate therapy with a patient who was clearly not ready for termination. The therapist, acting as the supervisor, is directly liable for this.

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9
Q

dual/multiple relationships

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Who: Discussed in ethics and professional issues in counseling

What: a term used to describe when a clinician has another relationship with a client besides the therapeutic one. The therapist is either concurrently in another relationship with a client, concurrently in a relationship with a person closely associated with the client, or promising a relationship in the future

Why: It is best to avoid multiple relationships if possible because dual relationships affect the therapeutic alliance and/or may impair the objectivity of the treatment relationship.

Example: A therapist begins teaching class at a local college. Later one of their students comes to them seeking therapy services. The therapist tells the student that they cannot see the student as a client as this would constitute a dual relationship and could diminish the therapist’s competency

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10
Q

duty to warn/protect

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Who: Discussed in ethics and professional issues in counseling

What: refers to a clinician’s responsibility to warn authorities if one of their clients makes a threat of harm against an individual. Duty to warn means therapists have the responsibility to inform third parties if a client is at risk for harming themselves or another identifiable individual.

Why: The Tarasoff Case established that warning the authorities alone is insufficient and that the therapist must also warn the identifiable individual directly. This would be one of the situations where the counselor is forced to break confidentiality.

Example: A client discloses he is planning on killing his mother within the next day or so. The therapist has a duty to alert the appropriate authorities and the client’s mother to keep her safe from harm.

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11
Q

ethics

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Who: Discussed in ethics and professional issues in counseling

What: the standards that govern the conduct of professional members of a group or association, including therapists. We have the American Counseling Association and American Psychological Association.

Why: Conflicts may arise in areas where codes, laws, values, and morals don’t align. It is important to know the code of ethics in your field and differences in law. Generally, ethics are a higher standard than what is required by law.

Example: A therapist works at both a private practice and a local college. When a student comes to them seeking therapy services, they refuse and refer the student to another professional. While having a dual relationship is not illegal it goes against the code of ethics.

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12
Q

ethical boundaries in clinical practice

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Who: Discussed in ethics and professional issues in counseling

What: boundaries which limit the nature of therapist and client interaction in order to protect the therapeutic relationship and the client’s well-being. Boundaries in clinical practice may involve physical boundaries (proxemics) and areas of discussion that are off limits.

Why: Therapists must adhere to ethical codes regarding boundaries, but also use clinical intuition/judgment when presented with potential boundary crossings.
A boundary crossing takes the therapist out of a strictly neutral position but is not harmful in and of itself. A boundary violation is a boundary crossing that the therapist knows will harm his/her client.

Example: A therapist agrees to conduct a therapy session while walking because movement helps the client think and dispels some of the client’s anxiety about speaking honestly. This is a boundary crossing that benefits the client.

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13
Q

ethnic-sensitive practice

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Who: Discussed in ethics and professional issues in counseling

What: practice in which the counselor is aware of their client’s culture and the ways in which the culture may affect the presentation of symptoms and the views of treatment. Culture can affect a client’s behavior and will be seen differently in each client. It would be unethical to ignore issues like racism while working with minority clients. Practicing ethically leads to better outcomes.

Why: Counselors must be careful and self-aware enough not to apply their own worldview to the clients, but instead, attempt to understand their client’s worldview and the factors that influenced it.

Example: A white counselor is seeing an African American client who is presenting with anxiety. In this case, the counselor must be aware of the client’s view of the police; due to the sociocultural circumstances these views may impact the client’s anxiety.

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14
Q

HIPAA compliance

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Who: Discussed in ethics and professional issues in counseling

What: Health Insurance Portability and Accountability Act. Requires the security and privacy of certain personal health information. This upholds a national standard of privacy for clients receiving treatment. Psychotherapy notes are protected under HIPAA and counselors should use technology to aid in this privacy

Why: A therapist must adhere to the HIPAA privacy and security rules in order to protect the information of the patient.

Example: A therapist notifies all new patients in the intake session that this is a HIPPA compliant service. All online documents are secured and will never be shared with an outside source

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15
Q

legal aspects of informed consent

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Who: Discussed in ethics and professional issues in counseling

What: A therapist must discuss the limits of confidentiality, the nature of therapy, and the fee structure. In the context of clinical practice, there are three requirements that must be met in order for a person to give informed consent: capacity, comprehension, and voluntary.

Why: It is important for the client to be knowledgeable and have full understanding of what therapy will entail before starting.

Example: In the intake session the therapist made sure to discuss the legal aspects of informed consent which are the limits of confidentiality, that CBT would be the mode of treatment, and the fee structure outlined by the therapist’s policies. The client understands fully of what to expect and is ready for therapy.

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16
Q

licensure vs certification

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Who: Discussed in ethics and professional issues in counseling

What: Licensure is required by law and is a mandatory requirement to be a legal practitioner which is given out by a government board after rigorous education, training, and supervised practice. Certification is a voluntary process of acquiring knowledge and/or skills typically from a professional organization or association (not required by law).

Why: Important to understand the difference to navigate career and what you can do.

Example: As a licensed professional counselor Anna will have completed a master’s program, practicum, and internship hours, as well as taken the state licensing exam. If she wanted to become certified in addictions counseling, she could become certified and go through a less rigorous process.

17
Q

malpractice

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Who: Discussed in ethics and professional issues in counseling

What: The failure of a counselor to provide the standard of care expected when treating an individual that results in direct damage to the patient. The essential ingredients for malpractice all begin with the 4 Ds; The 4 Ds - Duty(to protect client), Deviate(does practice deviate from normal tx), Damages (has this caused patient harm), Direct (does it directly affect the patient).

Why: Important to know to avoid legal action and prevent harming your patient.

Example: A client leaves therapy after the therapist berates them for a mistake the client made. The treatment caused the client emotional distress, so they sued the therapist for malpractice

18
Q

morality

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Who: Discussed in ethics and professional issues in counseling

What: This is an individual’s internal values system for what is right and wrong and what constitutes right and proper conduct.

Why: In the same way that it is important for a counselor not to impose their values on their client, it is equally important that they do not impose their morality upon their client.

Example: A therapist strongly believes that drug use is morally wrong, however, they cannot impose this belief on a client with a substance use disorder. Rather, they must try to understand the client’s perception of their usage.

19
Q

peer consultation

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Who: Discussed in ethics and professional issues in counseling

What: Peer consultation is a process where counselors engage and consult with other professional peers about clients and treatments/potential treatments (confidentiality is still maintained)

Why: is beneficial for the following reasons: it helps reduce isolation, exposes the therapist to new ideas (CE but also different peer perspectives), provides room for growth (feedback, guidance, recognition of biases), and consultation offers referral opportunities. Consultation is essential when using the RM model and ethical practice.

Example: A therapist is seeing a client who seems to meet criteria for borderline personality disorder. Although the therapist was trained to treat this disorder, this is her first time treating an individual with BPD. The therapist chooses to use peer consultation with her peer consulting group to check to see if anyone else has treated this disorder and get feedback and guidance in the treatment process.

20
Q

power dynamics

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Who: Discussed in ethics and professional issues in counseling

What: Related to therapeutic relationship and refers to the natural power differential between the clinician and the client.

Why: Ethical practice helps ensure that clients are not harmed or exploited through this power differential.

Example: The therapist is aware of the power dynamic between him and his clients. In order to lessen the effects of this uneven relationship, he explains the process and reasoning behind his techniques and is warm, empathetic and genuine.

21
Q

privileged communication

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Who: Discussed in ethics and professional issues in counseling

What: legal rights of individuals to withhold information in legal proceedings under limited circumstances. This refers to the confidential communication between therapists and their clients; it is protected by law from being shared with others, although there are some exceptions (duty to warn, suspicion of abuse, court order).

Why: Protects not only the client but also the therapist.

Example: A patient tells you in session about the marijuana she has stashed at her home. This is considered privileged communication and is protected by law.

22
Q

pro bono service

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Who: Discussed in ethics and professional issues in counseling

What: Service that a therapist provides for free, sometimes to members of the community who may not be able to afford their services.

Why: Counselors are highly encouraged and sometimes required per ethical mandate, to contribute to their community by providing pro bono services. It is important to establish boundaries and avoid allowing either party to take advantage of the situation

Example: A client sought therapy but could not afford to pay for it and didn’t have insurance. The therapist offered to provide five sessions to the client pro bono or free of charge.

23
Q

mens rea

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Who: Discussed in ethics and professional issues in counseling

What: A legal phrase meaning guilty mind or guilty intent. For someone to be convicted of a crime, the prosecution must prove that the person engaged in the guilty act and that had guilty intent. Did they intend to commit the crime or did the crime happen subsequent to a behavior that wasn’t meant to harm someone?

Why: Important when deducing if someone is fit to stand trial/insanity.

Example: You were called as an expert witness to discuss mens rea as it relates to a crime that was committed by a group of teenagers involved in pranking/bullying another child. The child killed themselves and now the teens are being charged with manslaughter. The question you are tasked with answering is: Was it their intent, when bullying, to cause the person to kill themselves?

24
Q

professionalism

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Who: Discussed in ethics and professional issues in counseling

What: An obligation to behave in a certain manner and that the manner is within a certain ethics code, while permeating your life not just your practice. This includes appropriate dress and proper behavior when interacting with a client, and also encompasses appropriate behavior when in the community.

Why: professionalism is important for safeguarding the integrity of the client-therapist relationship.

Example: A therapist is frequently late to their sessions and arrives looking sloppy and disheveled. Not only does this impede on their time with the client, but it also strains the therapeutic relationship as it seems they don’t value their time with the client.

25
Q

reporting child abuse

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Who: Discussed in ethics and professional issues in counseling

What: Licensed therapists are mandated reporters and, therefore, required by law to report any suspected cases of child abuse to the proper authorities (DSS and the police) within 24 hours. This should be outlined in the informed consent process and discussed with the client when explaining the limits of confidentiality

Why: If reported, it must be documented. Counselors who fail to report may be subject to legal and professional sanctions

Example: A 9-year-old is in therapy and his therapist notices suspicious bruises on his arms and legs. When the therapist asks, the child shuts down and doesn’t want to talk about it. The therapist discusses the concerns with the mother who also doesn’t want to discuss the issue. The therapist informs the mother they are a mandated reporter and must report suspicions of abuse. The mother explains that it’s not her but her ex-husband. The therapist allows the mother to call DSS in the office to make the report before leaving.

26
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self-monitoring of ethical practice

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Who: Who: Discussed in ethics and professional issues in counseling

What: This is the idea of constantly making sure you are making the right decisions and practicing within your scope. Counselors should be aware of ethical codes and monitor themselves to ensure that they are practicing ethically. Counselors should not rely wholly on self-monitoring and should also use peer consultations and reviews

Why: Relying solely on self-monitoring could result in rationalization and justification for unethical behaviors. Being able to ensure you are upholding the standards of ethical codes and practicing within your scope keeps you from harming the client or being unethical.

Example: A therapist in a private practice begins using conversion therapy to “transform” gay clients into being straight. Because they personally believe that is helpful, they justify its use and don’t see how much they are hurting their clients.

27
Q

sexual intimacies with former clients

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Who: Who: Discussed in ethics and professional issues in counseling

What: Intimacies with current clients are prohibited while sexual intimacies with former clients are allowed after 5-7 years based on the ACA.

Why: It is usually best to stick with the policy, once a patient, always a patient. The therapist cannot end therapy with the promise of a future sexual relationship (constitutes a multiple relationship) and must ensure there is minimal risk of harm to former patients/clients.

Example: The therapist runs into a former client 3 years after terminating therapy and finds her attractive. The therapist recalls the client struggled with depression and met criteria for BPD. With all this information in mind he decides to keep the relationship strictly professional to avoid any harmful consequences to the former client.

28
Q

Tarasoff case

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Who: Who: Discussed in ethics and professional issues in counseling

What: a 1976 legal case that established a clinician’s duty to warn. A psychologist was treating a patient who made a threat to kill an identifiable third party. The psychologist was unable to commit the patient and the police let the patient go, resulting in the patient killing the identifiable third party.

Why: When a client communicates a directed threat, the therapist must alert authorities as well as the third party threatened. Therapists have a duty to protect third parties from violence threatened by their patients

Example: An unstable individual you are treating, meeting criteria for a personality disorder, comes into session and tells you they are planning to kill their wife that night. Due to the precedent established by the Tarasoff case, you know you have a duty to warn/protect. You alert the authorities as well as the client’s wife.

29
Q

treatment of minors

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Who: Who: Discussed in ethics and professional issues in counseling

What: If someone is under age 17 they are a minor and can only assent to treatment, the parents or legal guardians must consent. The one exception being crisis situations. The parent or guardians must be aware of what is going on in regard to treatment, and have access to the files, but do not get all of the information about what is said in the treatment room unless necessary to break confidentiality.

Why: The therapist should ensure that therapy is age appropriate, and assent is present.

Example: A 13-year-old shows up at a clinic and asks the counselor for an appointment. After establishing that the child was not in crisis, the counselor explains they can’t see the child without parental consent. The counselor gently suggests ways the child may talk to his parents about coming to counseling.

30
Q

values in counseling

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Who: Who: Discussed in ethics and professional issues in counseling

What: Values are beliefs and attitudes based on our culture and individual preferences that provide direction for everyday living. Therapists should be aware of their own values, attempt to understand their clients’, and avoid placing their own value system on the client.

Why:The counselor should be careful not to impose their values on their clients, but respect their client’s personal values system. The therapist should seek training or assistance in areas at which they are at risk of imposing their values onto clients especially when their values are inconsistent with the client’s goals or are discriminatory in nature.

Example: A therapist is working with a client who doesn’t have a problem with being very dependent on her husband, which conflicts with the therapist’s values. The therapist wants to encourage the client to become more independent but realizes this would be imposing her values on the client.

31
Q

vicarious liability

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Who: Who: Discussed in ethics and professional issues in counseling

What: In the context of a supervisor/supervisee relationship, the supervisor is vicariously liable and legally responsible for any mistakes that their trainees make in their practice. Despite the fact that it is the trainee’s mistake, the supervisor assumes responsibility for it when they become a supervisor of that individual as they do not have a license.

Why: It is good to consider when practicing ethically. This adds to the risk level of both the supervisor and counselor under their supervision.

Example: A counseling supervisor finds out that one of their trainees is engaging in a sexual relationship with one of their clients. Even though the trainee is the one engaging in unethical behavior, the supervisor is punished.